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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
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`AMERICAN NATIONAL MANUFACTURING INC.,
`
`Petitioner,
`
`v.
`
`SLEEP NUMBER CORPORATION
`f/k/a SELECT COMFORT CORPORATION,
`
`Patent Owner.
`
`____________
`
`Case No. IPR2019-00514
`Patent No. 5,904,172
`
`____________
`
`PATENT OWNER’S MOTION FOR ADMISSION PRO HAC VICE
`OF ARCHANA NATH
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Patent No. 5,904,172
`
`Case No. IPR2019-00514
`
`
`
`Pursuant to 37 C.F.R. § 42.10 and the Board’s authorization to file motions
`
`for pro hac vice admission in Inter Partes Review Case No. IPR2019-00514, Patent
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`Owner requests that the Board admit Archana Nath pro hac vice in this proceeding.
`
`The Board may recognize counsel pro hac vice during a proceeding on a
`
`showing of good cause. “[W]here lead counsel is a registered practitioner, a motion
`
`to appear pro hac vice may be granted upon a showing that counsel is an experienced
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`litigation attorney and has an established familiarity with the subject matter at issue
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`in the proceeding.” 37 C.F.R. § 42.10(c).
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`Here, lead counsel, Steve Moore is a registered practitioner (Reg. No. 55,462).
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`Additionally, first backup, Lukas D. Toft, who practices in the same firm as Ms.
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`Nath, is also a registered practitioner (Reg. No. 75,311). Ms. Nath has six years of
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`patent litigation experience, and she is considerably familiar with the subject matter
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`at issue in this proceedings. Accompanying this motion is the Declaration of
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`Archana Nath, where Ms. Nath attests to her experience and familiarity. See
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`generally Nath Decl. (Ex. 2033). Specifically, Ms. Nath attests that:
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`• She has been practicing intellectual property litigation for over seven years,
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`and has been specifically practicing patent litigation for the last six years;
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`• She has been counsel on several patent litigation cases; and
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`• She is a senior member of the team representing Patent Owner in the
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`following proceedings: IPR2019-00497 (U.S. Pat. No. 8,769,747),
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`
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`2
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`
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`Patent No. 5,904,172
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`Case No. IPR2019-00514
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`
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`IPR2019-00500 (U.S. Pat. No. 9,737,154), and IPR2019-00514 (U.S. Pat.
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`No. 5,904,172).
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`• She is also a senior member of the team representing Patent Owner in the
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`following related district court cases: Sleep Number Corporation v.
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`American National Manufacturing Inc., 5:18-cv-00357(AB)(SPx) and Sleep
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`Number Corporation v. Sizewise Rentals, LLC, 5:18-cv-00356(AB)(SPx).
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`Good cause exists because (1) the Parties anticipate numerous calls with the
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`Board in which Ms. Nath may have insight to provide or argument to assert, (2) the
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`Parties have multiple depositions to take between September 15, 2019 and October
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`8, 2019, some of which may need two days to take, and (3) Patent Owner also
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`anticipates additional discovery or motion practice, including additional depositions
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`after submission of Patent Owner’s Response, that would necessitate Ms. Nath’s
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`involvement. Ms. Nath’s involvement in these proceedings alleviates conflict
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`concerns created by the schedule and ensures the full team representing Patent
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`Owner can appear before the Board. Additionally, this motion and Ms. Nath’s
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`declaration meet the other requirements for pro hac vice admission in this matter.
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`Moreover, Petitioner has indicated that it will not oppose this motion. Accordingly,
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`these facts establish good cause to recognize Ms. Nath in this proceeding. Thus,
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`Patent Owner requests that the Board admit Ms. Nath pro hac vice in this proceeding.
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`3
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`Patent No. 5,904,172
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`Case No. IPR2019-00514
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`Dated: September 25, 2019
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`
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`
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`Respectfully submitted,
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`FOX ROTHSCHILD, LLP
`
`
`
`
`
`s/ Luke Toft
`Luke Toft (Reg. No. 75,311)
`
`Campbell Mithun Tower, Suite 2000
`222 South Ninth Street
`Minneapolis, MN 55402-3338
`Telephone: (612) 607-7000
`Facsimile: (612) 607-7100
`ltoft@foxrothschild.com
`
`4
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`
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`Patent No. 5,904,172
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`Case No. IPR2019-00514
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`
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105, and by agreement of counsel,
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`the undersigned hereby certifies on this 25th day of September, 2019, that a complete
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`copy of Patent Owner’s Motion for Admission Pro Hac Vice of Archana Nath, was
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`served by e-mail, as authorized by the Petitioner, at the following email
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`correspondence address of record as follows:
`
`Kyle L. Elliott
`kelliott@spencerfane.com
`
`Kevin S. Tuttle
`ktuttle@spencerfane.com
`
`Lori J. Allee
`jallee@spencerfane.com
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`SPENCER FANE LLP
`1000 Walnut Street, Suite 1400
`Kansas City, MO 64106
`
`Jaspal S. Hare
`jhare@spencerfane.com
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`SPENCER FANE LLP
`2200 Ross Avenue
`Suite 4800 West
`Dallas, TX 75201
`
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`Dated: September 25, 2019
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`
`
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`
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` Luke Toft
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`By: s/ Luke Toft
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`102581122.v1
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`5
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